Oregon Appellate Court, November 20, 2019
From OCDLA Library of Defense
< Blog:Case Reviews(Difference between revisions)
by: Rankin Johnson • November 21, 2019 • no comments
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| − | + | RESTITUTION - Medical expenses and plain error | |
| − | + | RESTITUTION - Medical expenses | |
| − | + | RESTITUTION - Procedural requirements | |
| − | + | CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries | |
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Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed. | Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed. | ||
| − | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/25157/download#page=1&zoom=auto State v. Coons] 300 Or App | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/25157/download#page=1&zoom=auto State v. Coons] 300 Or App 619 (November 20, 2019) (Lagesen) (Polk County, Hill) |
| + | '''RESTITUTION - Medical expenses''' | ||
| − | ' | + | Evidence that Crime Victims Compensation Fund reviewed medical bills and paid using the worker's compensation schedule was sufficient to prove reasonableness of restitution award. Affirmed. |
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/25166/download#page=1&zoom=auto State v. Workman] 300 Or App 622 (November 20, 2019) (Lagesen) (Deschutes County, Ashby) | |
| − | + | '''RESTITUTION - Procedural requirements''' | |
| + | Prosecutor must present evidence regarding restitution within 90 days of sentencing, but restitution hearing need not be held within 90 days. Affirmed. | ||
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/25165/download#page=1&zoom=auto State v. Taylor] 300 Or App 626 (November 20, 2019) (Garrett) (Crook County, Williams) | |
| − | + | '''CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries''' | |
| − | + | Evidence that defendant possessed a personal-use amount of methamphetamine did not support a conviction for Boyd delivery. Reversed. | |
| − | + | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll5/id/25162/download#page=1&zoom=auto State v. Merritt] 300 Or App 643 (November 20, 2019) (Per curiam) (Coos County, Barron) | |
| − | + | {{wl-publish: 2019-11-21 19:00:34 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson IV }} | |
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Latest revision as of 20:00, November 22, 2019
Summarized by Rankin Johnson, OCDLA
RESTITUTION - Medical expenses and plain error
Where defendant failed to object within an agreed-upon period to restitution for the victim's medical bills, the trial court did not plainly err by imposing it. Affirmed.
State v. Coons 300 Or App 619 (November 20, 2019) (Lagesen) (Polk County, Hill)
RESTITUTION - Medical expenses
Evidence that Crime Victims Compensation Fund reviewed medical bills and paid using the worker's compensation schedule was sufficient to prove reasonableness of restitution award. Affirmed.
State v. Workman 300 Or App 622 (November 20, 2019) (Lagesen) (Deschutes County, Ashby)
RESTITUTION - Procedural requirements
Prosecutor must present evidence regarding restitution within 90 days of sentencing, but restitution hearing need not be held within 90 days. Affirmed.
State v. Taylor 300 Or App 626 (November 20, 2019) (Garrett) (Crook County, Williams)
CONTROLLED SUBSTANCE OFFENSES - Boyd deliveries
Evidence that defendant possessed a personal-use amount of methamphetamine did not support a conviction for Boyd delivery. Reversed.
State v. Merritt 300 Or App 643 (November 20, 2019) (Per curiam) (Coos County, Barron)
